Cases from June through August, 2008

-Division of Pension Plans-
Where husband's previous spouse withdrew retirement contributions in her portion of husband's California Public Employees' Retirement System retirement account, and husband repurchased the credits with community funds during a second marriage, trial court did not abuse its discretion in concluding that the repurchased service credits were community property. Although trial court was not required to order wife to make an equalizing payment to husband for half the actuarial value of the survivor benefit, trial court abused its discretion in awarding entire survivor benefit to wife in return for payment of half of actuarial cost as opposed to actuarial value where actuarial value far outweighed actuarial cost.

In re Marriage of Sonne - filed July 16, 2008, Sixth District
    Cite as 2008 SOS 4265
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-Factual Basis for Stepparent Adoption-

For purposes of allowing stepparent adoption, trial court's finding that father had abandoned child was supported by substantial evidence, including proof that he had committed crimes resulting in incarceration, did not maintain contact with child while incarcerated, and did not seek custody or visitation rights after his release, and that he gave mother and other family members de minimis amounts of money to support child.

Adoption of Allison C. - filed June 30, 2008, publication ordered July 11, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4126
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-Grounds for Annulment-
Where marriage ceremony was performed in California by Mexican official who issued a marriage license stating that wedding had been performed in Mexico, a reasonable person would have had noticed that license and marriage were not valid, thus husband was not a putative spouse of that marriage. Where husband entered into later marriage ceremony with wife while continuing to carry on a sexual relationship with wife's sister, husband purposefully deceived wife into thinking husband would perform a central obligation of marriage contract--fidelity--and thereby committed fraud, entitling wife to a judgment of annulment.

In re Marriage of Ramirez & Llamas - filed July 30, 2008, Fourth District, Div. Two
     Cite as 2008 SOS 4702
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-Income Available for Support-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
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-Income Available for Support-
Where husband earned a fixed annual salary that was half of what husband had previously earned, with a possible discretionary bonus up to 150 percent of that amount, support agreement requiring husband to pay nearly all his take-home pay in support payments and borrow for living expenses, based on assumption that husband would earn six-figure bonus each year, as evidenced by husband's one-year history with employer, was a miscarriage of justice, and trial court abused its discretion in refusing to modify support obligations based on changed circumstances.

In re Marriage of Mosley - filed August 14, 2008, Fourth District, Div. Three
Cite as 2008 SOS 5003
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-Inputation of Income-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
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-Retirement Age-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
      Full text

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